Inventive step

The provision of a crystal form of a polymorphic substance, which the skilled person inevitably obtains if he uses a process suggested by the state of the art for the production of the substance,…

The court solved the question of inventive step using the problem-solution approach, defining the objective technical problem without including a pointer to the solution of the problem. This, however…

The number of inventive step attacks in opposition procedures at the European Patent Office may be constrained in the future due to a recent change in the EPO Guidelines. According to David Brophy,…

The FCJ confirmed that inventive step is to be acknowledged if the feature(s) distinguishing the claimed invention from the starting point for the assessment of inventive step are not directly and…

AstraZeneca had filed an application for interim relief based on two patents, DK/EP 1250138 T4 (“EP 138”) and DK/EP 2266573 T3 (“EP 573”) against Sandoz, which conceded that to the extent that the…

A Markush claim is a type of claim commonly used in chemical and pharmaceutical fields. On December 20, 2017, in Beijing Winsunny Harmony Science & Technology Co., Ltd. v. Daiichi Sankyo Co., Ltd, (…

In a case concerning two divisional patents derived from the same parent application relating to  'transcatheter heart valves' or THVs, which can be introduced via a blood vessel, rather than through…

The Court of Appeal dismissed Boehringer Ingelheim’s application for permission to appeal the first instance Patents Court decision that EP (UK) 1,379,220 lacked inventive step.  The Court of Appeal…

Suppose you are a (patent) attorney in a pharmaceutical company and want to advise your company how to best protect the results of a clinical trial designed to find out the best possible treatment…